What are the regulations concerning marriage for a Muslim male entering enemy territory under safe passage (aman)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 6 · Bab 1

Open in Qurani

Primary text

A Muslim male may marry a Muslim woman while under safe passage and practice coitus interruptus (*'azl*) to prevent offspring. He should not marry a woman from the enemy population, and if he purchases a female slave from them, he should not have sexual intercourse with her while in their territory. The restriction on marrying an enemy woman is because the enemy would likely gain dominance over any offspring and raise them according to their own religion. If he is overwhelmed by desire, marrying a Muslim woman with *'azl* is permissible as a necessity.

Supporting text

If the Muslim is part of the Muslim army, marriage is permissible, analogous to being in the Abode of Islam. Regarding a Muslim prisoner of war (*aseer*), the apparent view of Ahmad is that marriage is impermissible while captured, based on the prohibition of having relations with his wife if she were captured with him. This is supported by the concern that the captors might abuse his wife or that any resulting child would become their slave.